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Am I eligible for expungement?
Maryland State law is very clear about the conditions for requesting an expungement. Your particular case MUST fit into one of the following categories:
• Your case was dismissed.
• You were acquitted (found not guilty).
• A verdict of Probation before judgment was entered.
• A Nolle Prosequi (also known as a noll pros) was entered. This typically occurs when the prosecutor decides to drop the case before or during a trial.
• The case was placed on the "stet docket", a group of inactive cases.
• The case was compromised under § 3-207 of the Criminal Law Article.
• The case was transferred to a juvenile court.
NOTE: Traffic violations including DUI and DWI arrests can not be expunged by this process.
Disqualifiers for Expungement
In addition, you are not eligible for expungement
if you have been subsequently convicted of a crime, or are a defendant
in current or pending criminal proceedings. If your case had multiple
charges and you were found guilty of any of those charges, you may
not have any of the associated charges expunged.
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Waiting Periods
In general, you must wait 3 years after a decision was handed down in your case before you can ask for expungement, but the rules vary in the following manner:
• If you were acquitted, the charges were dismissed, or you
received a nolle prosequi, you may file sooner if you also file a release and waiver of all people against whom you may have a legal claim as a result of your arrest.
• If you received probation before judgment, you may not request expungement of your records until your probationary period is over or until three years have passed, whichever is longer.
• If your case was placed on the stet docket, you must wait
3 years prior to filing your request.
Additionally, the court may grant a petition for expungement at ANY time if it feels you have show good cause. However, if you file for expungement prior to the statutory guidelines, the State's Attorney may file an objection.
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Our Services
By now you probably know whether your criminal
record is a candidate for expungement. But you may not know how
to make the filings necessary to request the court to begin this
process. That is where we can help you.
We have developed a process that allows you to fill in an online
form, decide what level of service you need, then pay using your
credit card, the PayPal payment service, or by check or money order.
So how do we get started? First, review the information on this
page to make certain that your case is a candidate for expungement.
In the majority of cases, if you have gotten this far in the process,
your case is probably a good candidate for expungement.
Second, visit our Form Instructions
page. We suggest that you print the information on this page before
filing our the online form.
And finally, click on the Application Form
button to fill out our online form, and decide on your payment options.
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